Vanuatu Daily News Digest | 8 October 2015 – Judgement tomorrow

Before Justice Mary Sey began hearing oral submissions in the Bribery Case this morning, Justice Daniel Fatiaki gave his decisions regarding the Constitutionality of the Leadership Code Section 21, dealing with acceptance of loans. He was adamant that leaders’ rights and freedoms are not over-ruled by the provision that a leader must not accept a loan other than on commercial terms from a recognised lending institution and only if the leader satisfies the lending institution’s usual business criteria. He was also un-wavering on the provision being Constitutional. He had further comments on the Ombudsman’s "pivotal role" in the administration of the Leadership Code. These were shared with counsel and those in the Supreme Court and subsequently distributed in written form and Daily Post will carry his decision in more detail tomorrow.

After the Constitutional hearing, Justice Sey took the last oral submissions in the Bribery Case from Messrs John Malcolm and Nigel Morrison. John Malcolm was certain bribery had not been proven and that too much emphasis had been given to the Prosecution’s use of statements from those persons granted immunity which continually suggested guilt and therefore requiring the persons implicated to keep proving their innocence. For Nigel Morrison questions relating to whether the Greens’ GCT agency is a lending institution or simply a trustee and not requiring a business licence were raised. He felt evidence given by MP Robert Bohn was largely ignored by the Prosecution’s report.

Judgement in Vanuatu’s most important corruption case will be given tomorrow morning in the Supreme Court.